TERMS AND CONDITIONS

The website www.lilycharme.com is owned and managed by LILY CHARME SRL,

with headquarters in Bucharest, Sector 3, STR. BABA NOVAC, NR.17, BL.G13, AP.45, tax identification code 46932207, registration number in the Trade Register J40/19439/2022

Introduction

Welcome to www.lilycharme.com, an online space dedicated to selling products. We are pleased to have you as our guests and invite you to explore and use our services. In order to provide you with a safe, transparent and beneficial experience on this website, it is essential that you understand and accept our terms and conditions.

These Terms and Conditions set out the rules and responsibilities that govern your use of our website. By accessing or using this website, you agree to all of the provisions set out herein and undertake to comply with them. Please read these terms carefully, as they affect your rights and obligations as a user of our website.

Understanding and accepting these terms is crucial to ensuring a harmonious online environment and protecting both your interests and ours. We therefore recommend that you take the time to read these terms and contact us with any questions or concerns.

Thank you for choosing www.lilycharme.com and we invite you to explore with confidence all the products we offer. For any problems or requests, please contact us using the contact information provided in these terms and conditions.

DEFINITIONS AND TERMS

CUSTOMER – The person who has successfully placed an online order on the SITE.

ORDER – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Website, his intention to purchase Goods and Services offered by the Seller, as well as the personal data necessary to register the order: name, surname, year of birth, place chosen for delivery, number of products requested and any other specific information necessary for confirmation.

COMMERCIAL COMMUNICATIONS – Any type of message sent (such as: e-mail / SMS / phone call / mobile push / webpush, etc.) containing general and thematic information, information regarding similar or complementary products to those you have purchased/viewed, information regarding offers or promotions, information regarding Goods and Services added to the “My Account/Cart” section, as well as other commercial communications, such as market research and/or opinion polls.

CONSENT of the data subject – is the free, specific, informed and unambiguous consent of a person by which he or she accepts, by a statement or by an unequivocal action, that personal data concerning him or her are processed;

ACCOUNT – the section of the website consisting of an e-mail address and a password that allows the Customer to submit the Order and which contains information about the Member and his/her history on the Website (Orders). The Customer/Member is responsible and will ensure that all information entered when creating the Account is correct, complete and up-to-date.

CONTENT:

all information present on the Website, text, commercial symbols, static images, dynamic images, and/or multimedia content, etc.;
the content of any message sent to VISITORS, MEMBERS or CUSTOMERS by LILY CHARME SRL via electronic means and/or any other available means of communication;
any information communicated by any means by an employee or collaborator of LILY CHARME SRL to the VISITOR/MEMBER or CLIENT, according to the contact information specified or not by the latter;
information related to the products, services and/or tariffs charged by LILY CHARME SRL during a certain period;
information related to the products, services and/or tariffs charged by a third party with whom LILY CHARME SRL has concluded partnership contracts, during a certain period;
data relating to LILY CHARME SRL or other privileged data thereof.

CONTRACT – any contract concluded between a professional and a consumer within an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and including the moment the contract is concluded;

PERSONAL DATA – Any information that refers to an identified or identifiable natural person (“data subject”). Example of personal data: the person’s name and surname, domicile, email address in the form prenume.nume@domeniu.ro, CNP, telephone number, customer identification codes/online identifier, location data, etc.;

DOCUMENT – These Terms and Conditions.

MEMBER – The individual who wishes to benefit from the most pleasant and easy experience possible in terms of browsing the Website, placing and managing orders and registers by creating an ACCOUNT.

NEWSLETTER / ALERT – Periodic information medium, exclusively electronic, on the products, services and/or promotions carried out by LILY CHARME SRL in a certain period, without any commitment from LILY CHARME SRL with reference to the information contained therein.

PERSONAL DATA CONTROLLER – Means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;

PROCESSING – Any operation/set of operations on personal data (with or without the use of automated means), namely collection, recording, organization, structuring, storage, adaptation, modification, extraction, consultation, use, disclosure, dissemination, making available, alignment, combination, restriction, erasure, destruction, etc. (representing any kind of operation related to personal data);

PRICE – The price charged for the sale of products. The prices displayed on the site include VAT.

SERVICE – The e-commerce service available on the Website through which the CUSTOMER purchases products.

WEBSITE – the online presentation form www.lilycharme.com and its subdomains.

TRANSACTION – Collection or reimbursement of an amount resulting from the sale of a product/service by LILY CHARME SRL to the Client, by using the services of the card processor approved by LILY CHARME SRL or by bank transfer, regardless of the delivery method.

VISITOR – Any person who has access to the WEBSITE CONTENT.

CONTRACTUAL DOCUMENTS

By accessing and using the Website, you agree to contract electronically with DmLiving.ro and agree to these Terms and our Privacy Policy. You agree that these electronic Terms, combined with your act of using the services offered on our website, have the same force and effect as your written signature and meet the legal provisions in force.
You also agree that you will not challenge the validity, enforceability or enforceability of these Terms on the basis that they were transmitted or authorized in electronic form. In addition, you acknowledge that you have had the opportunity to print this agreement and have been informed of all of your rights and obligations as a user of our website.
By registering an Order on the website, the Customer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations, as well as that used by our website.
By using the Site/Content/Service, the Visitor, Member or Client is solely responsible for all activities arising from its use. He is also liable for any material, intellectual or electronic damages or any other nature caused to the Site, Content, Service of LILY CHARME SRL or to any third party with whom LILY CHARME SRL has concluded contracts, in accordance with the Romanian legislation in force.
If the Visitor, Member or Client does not agree and/or does not accept this Terms and Conditions Document, they will send an e-mail to office@lilycharme.com specifying the reasons and/or requests to make the changes.
In the event that the Visitor, Member or Client no longer wishes to receive newsletters/alerts and/or communications made for marketing and advertising/promotional purposes from the company LILY CHARME SRL through any communication channel (electronic, telephone, etc.), he/she may make the UNSUBSCRIBE request available in the content of any communication via e-mail or by sending a written request to the address and to the person responsible for personal data protection office@lilycharme.com
If the Customer has paid the equivalent of all unfulfilled Contracts to LILY CHARME SRL and revokes his/her consent expressed in favor of the Document during the execution of an Order, LILY CHARME SRL will cancel his/her Order without any further obligation of either party to the other or without either party being able to claim damages from the other.
This Website is addressed only to persons who have read and agree to the Terms and Conditions Document and who have not been suspended or removed by LILY CHARME SRL, regardless of the reason for the suspension or removal.

INTELLECTUAL PROPERTY LAW

The content, as defined in the preamble, including, but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Website, are the exclusive property of www. www.lilycharme.com, with all rights obtained in this regard directly or indirectly (through licenses for use and/or publication) being reserved to it.
Except as expressly provided in these Terms, the Visitor, Member or Customer is expressly prohibited from copying, selling, assigning, renting, reproducing, distributing, modifying, decompiling, reverse engineering, creating derivative works similar to the website, publicly displaying, publicly performing, marketing, downloading, storing, transmitting, disclosing or otherwise exploiting any part of the website or any content available on or through the website, without the express prior consent of LILY CHARME SRL.
Any Content to which the Visitor, Member or Customer has and/or obtains access by any means is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between LILY CHARME SRL and it, and without any implicit or express warranty made by LILY CHARME SRL with reference to that Content.
www.lilycharme.com, in the form of name, brand and any scriptural or graphic representation, belongs to LILY CHARME SRL
No Content transmitted to the Visitor, Member or Client, by any means of communication (electronic, telephone, etc.) or acquired by him through access, visit and/or viewing does not constitute a contractual obligation on the part of LILY CHARME SRL and/or the employee/agent of LILY CHARME SRL who mediated the transfer of Content, if any, with respect to that content.
Any use of the content for purposes other than those expressly permitted by this Document or the accompanying user agreement, if any, is prohibited.

IN CONNECTION WITH THE INFORMATION PRESENTED

www.lilycharme.com strives to provide complete, accurate and up-to-date content at all times. However, it is not possible to ensure that the website is completely free from human or technological errors. Notwithstanding our efforts, our website may contain typographical inaccuracies, mistakes or omissions, some of which may relate to prices and availability, and some information may be incomplete or out of date. Accordingly, we do not warrant and are not responsible for the accuracy, reliability, completeness or usefulness of the content available on or through our website.

We have also made every effort to display the colors, sizes and shapes of the products that appear on our website as accurately as possible. However, we cannot guarantee that your computer monitor's display of any product will be accurate. The images, photographs, pictures, videos and graphics on our website are for illustrative purposes only .

ONLINE SALES POLICY

All information used to describe the Goods and/or Services available on the Site (images, descriptions, recommendations, etc.) does not represent a contractual obligation on the part of www.lilycharme.com, as they are used exclusively for presentation purposes.
Access to the service is allowed to any Visitor/Member/Client who accepts the provisions of the Document.
LILY CHARME SRL reserves the right to limit the Visitor/Member/Client's access to the Service and marketing campaigns (not to include them in the promotion and loyalty campaign, to allow them to order only with advance payment, etc.), as well as the right to cancel orders already placed in the following cases:

placing and refusing an order in the cash on delivery system (refund);
more than 2 orders subsequently cancelled by the Client by using the "Cancel order" button or notification from him sent in writing to the email address office@lilycharme.com or modification of orders in the sense of their reduction for more than 2 orders, by written communication from the Client to the email address office@lilycharme.com ,
the use of tendentious language,
intellectual property rights infringement, etc.
access and existence of the Customer Account could in any way harm LILY CHARME SRL

LILY CHARME SRL reserves this right except for the permitted cases specified in the paragraph <Order Modification Conditions> and whichever criteria mentioned above are met first. This right can be exercised at any time and it is not necessary to notify the Customer in this regard.
LILY CHARME SRL may refuse an order following prior notification to the Customer, without any obligations between the parties and without either party being able to claim damages, for the following situations:

Failure/invalidation of online transaction;
Non-acceptance by the issuing bank of the Customer's card / transaction;
Provision of incomplete or incorrect data by the Client;
The Client's activity may cause damage to the website www.www.lilycharme.com, the company LILY CHARME SRL SA and/or its partners;
The Customer uses the Service in a manner inconsistent with normal customs and good faith or exercises his rights with the aim of harming or damaging LILY CHARME SRL in an excessive and unreasonable manner, contrary to good faith;
Consecutive failed deliveries due to the Customer's fault.
Other justified reasons (for example: unjustified placing and abandoning multiple orders).

PRODUCTS AND SERVICES

LILY CHARME SRL may publish on the site information about products, services and/or promotions practiced by it or by any other third party with whom LILY CHARME SRL has concluded contracts or partnership agreements, within a certain period and within the limit of available stock.
The products and/or services purchased through the service are intended exclusively for the Customer's personal use.
LILY CHARME SRL may limit the ability to purchase certain products or services available on the site at a given time, to one or more Customers, for good reasons.

BILLING AND PAYMENT

All prices for products or services presented on the site are expressed in lei (RON).
The invoicing of purchased products is done exclusively in RON using the information provided by the Client in the intended form. LILY CHARME SRL is not responsible for the correctness of the information provided by the Client for the invoice or for the impossibility of deducting expenses due to incorrect information provided by the Client. The invoice is issued and sent together with the products. For corrections (cancellations, returns) cancellation invoices are issued. All invoices are issued and recorded automatically and included in tax reports. Corrections are not accepted except for those changes to invoices made by legal methods and within legal deadlines.
Payment for products and/or services purchased through the service can be made both online with a debit card, by bank transfer and upon delivery to the courier (cash on delivery).
In the case of online card payments, LILY CHARME SRL is not/cannot be held responsible for any additional costs incurred by the client, including but not limited to currency conversion fees applied by the bank issuing the card, if the card's issuing currency differs from RON. The responsibility for this action lies solely with the client.
Payment in cash or through the POS system (payment directly to the agent with the card) is a method of delayed payment of the products, with a risk for LILY CHARME SRL of withdrawing the Customer from the Contract. Therefore, this option is only available for orders with a value less than or equal to 200 RON. At the time of placing the order, the Customer is informed and expressly accepts the selected/available payment method.
LILY CHARME SRL reserves all rights to apply or not this option based on internal criteria.
LILY CHARME SRL cannot be obliged to offer the option of paying for the order in cash, upon delivery (to the courier) for customers with a proven history of refusing/cancelling orders or who, through their activity contrary to normal customs and good faith, may in any way cause damage to the website www.lilycharme.com, the company LILY CHARME SRL SA and/or its partners.
In the images of the products and/or services, LILY CHARME SRL reserves the right to use other products (accessories, etc.) that may not be included in the costs of the respective products and implicitly will not be delivered upon purchase of the products. In this case, it is expressly stated in the product description which good is for sale and is also marked in the image.

ONLINE ORDER AND PHONE ORDER

Orders for tomorrow must be placed, confirmed and validated by LILY CHARME SRL at least 48 hours before the shipment date.
The price displayed on the website at the time of the order will not change, being firm. The price includes VAT. For an offer that has expired, no more orders can be placed. LILY CHARME SRL may at any time modify prices, offers, quantities according to internal criteria (geographical location, stock availability, etc.) while respecting orders/contracts already placed.
By completing the order, the Customer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the order, referred to in this document as the issued order.
The distance contract is considered concluded by LILY CHARME SRL in Romania, when the order placed by the Customer is confirmed electronically and subsequently validated by LILY CHARME SRL.
Before validating the Customer's order and before shipping the products, LILY CHARME SRL has the right to contact the Customer, by any means available / agreed by LILY CHARME SRL (by phone or e-mail), in order to obtain personal confirmation by the Customer of his identification and delivery data. Customers accept that LILY CHARME SRL cannot be forced to validate / deliver products to persons who have not confirmed the delivery and identification data.
The Visitor/Client/Member can place telephone orders which will subsequently be confirmed and validated in writing by LILY CHARME SRL and the client.

LIABILITY

LILY CHARME SRL cannot be held liable for damages of any kind that the Buyer or any third party may suffer as a result of the Visitor, Member or Customer's failure to fulfill any of their obligations under the Order and for damages resulting from the use of the Goods and Services after delivery.
By creating and using the Visitor, Member or Client assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing access to the account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his/her account.
By creating the Account and/or using the Content and/or placing the Order, the Visitor, Member or Customer expressly and unequivocally accepts the Website Terms and Conditions in the latest updated version that is communicated within the Website, existing on the date of creating the Account and/or using the content and/or on the date of placing the Order.
LILY CHARME SRL will unilaterally terminate and automatically cancel the order placed by the Customer, even without prior notification to the Customer, without any subsequent obligation of either party to the other or without either party being able to claim damages from the other in the following cases:

Non-acceptance by the issuing bank of the Customer's card of the transaction, in the case of online payment;
Invalidation of the transaction by the card processor approved by LILY CHARME SRL, in the case of online payment;
The data provided by the Customer regarding delivery (address, contact details) on the site are incomplete or incorrect;
The Client's activity on the site may and/or cause damages of any kind to LILY CHARME SRL and/or its partners;
Making more than two consecutive, failed deliveries;
For other objective reasons.

If the Customer cancels an order with payment made in advance, by confirmed bank transfer or through the online card payment solution and in which the issuing bank of the Customer's card has authorized the bank transaction, this amount will be reimbursed by LILY CHARME SRL within a maximum of 14 days from the date on which LILY CHARME SRL became aware of this fact.
In the event of the resolution or, as the case may be, termination of the contract due to the fault of LILY CHARME SRL, if the Customer has made the payment in advance, by confirmed bank transfer or by the online card payment solution and in which the bank issuing the Customer's card has authorized the bank transaction, this amount will be reimbursed by LILY CHARME SRL within a maximum of 7 days from the moment of termination of the contract.
If some products ordered by the Customer through an order placed with payment made in advance (by confirmed bank transfer or through the online card payment solution) are temporarily no longer available in stock for reasons beyond LILY CHARME SRL's control, LILY CHARME SRL will inform the customer of this fact as soon as it becomes aware of the unavailability and will offer the following options:

reimbursement of amounts paid in advance within a maximum of 7 days from notification to the client.
delivery of the order as soon as the products become available with prior notification and confirmation of the customer;

For orders paid by card, the amount will be returned to the same card used for the transaction.

ORDER CHANGE DATA

A placed order can only be modified in the following situations and only at the request of the Customer:

The customer will request this in writing, sending an email to office@lilycharme.com clearly stating the request and the order number;
The customer cancels or decreases the quantity of a product and notifies LILY CHARME SRL at least 96 hours before the order is shipped;
Increasing the quantity of an existing product in an order at least 48 hours before the order is shipped;
Changing the delivery address at least 24 hours before the order is shipped;
Changing the payment method at least 24 hours before the order is shipped;
Change billing data at least 24 hours before the order is shipped.

For invoices already issued, no changes can be made regarding the legal/natural person (replacement with a new person), only corrections (of the name/name, contact details, etc.).
Orders cannot be modified if the Customer opts for online payment or bank transfer of their value unless prior confirmation is received from LILY CHARME SRL.
If a Customer modifies their personal data, using the forms available on the site, all ongoing orders existing at that time retain the data defined/accepted by the Customer before the time of modification, taking into account, for delivery and contact, the new, appropriately modified data.
A placed order can be canceled before it is shipped via the "Cancel order" button in the Customer Account or by the Customer's request in writing, sending an email to office@lilycharme.com , clearly mentioning the cancellation and the order number at least 48 hours before the shipment date.
With any order placed, the customer is required to verify and accept the contractual framework.

CONTRACT PERFORMANCE AND COMPLETION

LILY CHARME SRL will issue and transmit to the Client all necessary documents certifying the purchase of products/services by the Client in accordance with the legislation in force.
LILY CHARME SRL will facilitate informing the Customer about the stage of completion of his order by sending an information e-mail to the address indicated by him. The invoice issued will include all mandatory information in accordance with art. 319 of Law no. 227/2015 on the Fiscal Code.
The Contract, to which are added the documents certifying the delivery of the package to the Client by the courier (signed and settled AWB) from LILY CHARME SRL, becomes an honored Contract.
The Contract is concluded for a fixed period. It will be considered concluded when the parties have fulfilled their mutual obligations within the terms and conditions established by this Document.
If there are differences between the number of products ordered (as can be accessed from "My Account") and the contents of the package, the Customer is obliged to notify LILY CHARME SRL within a maximum of 24 hours from receipt of the package, by phone or by e-mail at office@lilycharme.com, providing details (photo, explanations, etc.).

DELIVERY OPTIONS AND COSTS

The transport of packages is at a cost and is the responsibility of the customer. The cost of transport will vary depending on the weight of the ordered product and will be communicated by LILY CHARME SRL at the time of order confirmation. LILY CHARME SRL delivers packages through courier operators.
LILY CHARME SRL offers delivery service to the front door of the building from the delivery address specified when placing the order, as long as the characteristics/particularities of the location allow delivery without violating legal regulations on occupational safety. If delivery cannot be carried out without violating legal provisions, the service provider, LILY CHARME SRL or the courier company may refuse delivery to the front door of the home/building.

RIGHT OF RETURN

According to the legislation in force and our commercial policy, you have the right to return products purchased from LILY CHARME SRL under certain conditions. The return must reach the DMLiving warehouse within a maximum of 14 calendar days from the moment of taking possession of the products.
To initiate a return process, it is necessary to fill out our official return form, which you can find on our website. This form must be completed with all correct and detailed information, including your order number, contact details and the reasons why you wish to return the products. Please ensure that you provide accurate information to facilitate the return process.
After completing the return form and the return process with the option to open the package, LILY CHARME SRL will examine the situation and check the condition of the returned products. Following this check, you will be informed about the acceptance or rejection of the return request.
If the return request is accepted, LILY CHARME SRL will refund the amounts related to the returned products. The funds will be returned to the card used for the purchase or by another agreed method.
Please note that all returned products must be in perfect condition, with all accessories and original packaging intact. Any damage or excessive use of the products may affect their eligibility for return.
If the Good is returned in a condition in which it can no longer be sold as new (the packaging is an integral part of the product and any damage to it will be considered damage to the product, accessories are missing, the good is damaged, the boxes are written in different types of colors or with the marker applied directly to their surface, the boxes are sent in a degrading condition), we reserve the right to request a fee to return the Good to its original state, as the case may be, or to cover the price difference resulting from the sale of the product as resealed or, at the Buyer's request, we will reship the Good, with the delivery costs being borne by the Buyer.
If the Customer exercises his right of withdrawal after having used the Goods to an extent that exceeds the limit necessary to establish their nature, characteristics and functioning, the Buyer is responsible for any diminished value of the Goods.
Also, in the case of orders for which shipping was offered free of charge by www.lilycharme.com , and for which a return is requested, we reserve the right to withhold from the refunded amount the delivery fees incurred upon delivery of the order, we note that these fees include both the cost of the initial delivery to the buyer, as well as the cost of the return.
We reserve the right to refuse returns in situations where these returns are made in bad faith by the buyer. We consider it a manifestation of bad faith if a buyer places more than 3 orders for which the return procedure has been requested without purchasing any product.
request a fee for returning the Good to its original condition, as applicable, or to cover the price difference resulting from the sale of the product as resealed or, at the Buyer's request, we will reship the Good, with delivery costs borne by the Buyer.
Also, for a return process to be accepted, it is necessary to refund the product with the package opening option offered by the courier, so that LILY CHARME SRL can verify the conditions of the returned product, otherwise the return procedure will be rejected without refunding the related amounts.
The shipping costs for the delivery of the products are borne by the customer.

PROCESSING OF PERSONAL DATA

Please review the Privacy Policy regarding the processing of personal data, which is an integral part of this Document.

FORCE MAJEURE

Neither party shall be liable for failure to perform its contractual obligations if such failure to perform on time and/or properly, in whole or in part, is due to a force majeure event. Force majeure is any external, unforeseeable, absolutely invincible event, beyond the control of the parties and which cannot be avoided.
The party or the legal representative of the party invoking the above-mentioned event is obliged to immediately and completely notify the other of its occurrence and to take any measures at its disposal in order to limit the consequences of that event.
The party or the legal representative of the party invoking the aforementioned event is exempted from this obligation only if the event prevents it from carrying it out.
If, within 15 days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of this contract, without either party being able to claim any other damages from the other.
The party invoking the force majeure event must prove the impossibility of performing the obligations within 30 days from the date of the event,
Exceptionally (through no fault of LILY CHARME SRL) and due to a fortuitous event (such as an accident of the carrier or the supplier) it is possible that the delivery of the products cannot be made. In this case, the Customer will be able to cancel the order and be compensated or the order can be planned by mutual agreement at a later date.

disputes

This contract is subject to Romanian law. Any disputes arising between the Seller and Users/Buyers will be resolved in accordance with the
amicable settlement or, if this is not possible, the disputes will be resolved by the competent Romanian courts in the Municipality of Bucharest

FINAL PROVISIONS

LILY CHARME SRL reserves the right to make any changes to these provisions, as well as any changes to the site/its structure/service, as well as any content without prior notification to the Visitor/Member or Client.

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Terms and conditions

TERMS AND CONDITIONS